AIBU about this.(92 Posts)
When my DH and I moved in to our flat 6 months ago we told by the landlord that the garden wasn’t shared we could have the run of it because the people upstairs didn’t use it. We live in a house that has been converted in to 2 flats we are in the ground floor flat and have a back door which is the only access to the garden other than the back gate. There are now new people upstairs they said the other day that new back gates where being put on which is fine by me because it means that my 2 dogs will be able to be left in the garden without the risk of them getting out we went out there today and the people upstairs have put a table and chairs in the garden. As far as I’m aware that garden is only for me and my husband no one has told us any different. I will be putting a lock on the new gate when they are installed because I don’t want my dogs being let out of the garden by anyone we live on a main road. Where do I stand on this I haven’t said anything to the upstairs neighbours. Should I just go back to the landlord and ask if it’s now a shared garden. I don’t feel comfortable doing the garden up and putting our own stuff out there if the people upstairs are going to use the garden as well.
Well yes, ask your landlord. But why are you "doing it up" don't ever put your own money into improving their property.
Speak to your neighbours and it and see what they have been told.
Speak to your landlord about it and see what they've told your neighbours.
Check with your landlord.
But we could have the run of it because the people upstairs didn’t use it. doesn’t sound very conclusive.
You can't just put a lock on the gate. Can you look at the deeds for both flats on the land registry website?
He said the other people didn't use it.
These are new people - you can't just put a lock on without finding out what he's said to them!
Once you know what he's told them, just talk to them - you never know, you might become friends. They might even be keen to make the garden nice for the summer
I will have to speak to the landlord all I know is that when we where viewing the flat we where told that the garden was ours because the people upstairs don’t use it and I haven’t been told any different by anyone. I was only putting the lock on the gate so that no one lets my dogs out I don’t want them getting killed on the road because someone has let them out. @Kelsoooo I was going to do it up because we have no plans to leave this flat anytime soon and I’ve never had a garden that was just mine but it looks like things have changed and I don’t want to do it up if it’s back to being shared.
go back to the landlord! it's the only way you will get clarity. Check your tenancy agreement as well.
The previous tenants may not have used it. Doesn’t make it exclusively yours though.
‘You can have the run off it’ doesn’t necessarily sound like ‘it’s yours exclusively’.
I will speak to them and the landlord and see what’s going on but no one has said anything to me and the lock is only to stop anyone from letting my dogs out now that it’s nicer I was going to let my dogs out in the garden on their own because at the minute we have to be out there with them because the gate is broken.
I think it's meant to be shared and the new people have been told that. If that's the case you had better not let your dogs out unsupervised.
I think the landlord told us that we had the use of the garden because before it was a young fella on his own upstairs who was hardly ever here and then he just did a moonlight flit and the new people moved in we never see them or speak to them but I will ask them what they have been told about the garden and I will check the tenancy agreement.
The way it's worded sounds like it is a shared garden, its just the previous upstairs tenants didn't use it so you had sole use of it. But now there's new tenants who do want to use it, so now you have to share
@LemonPudding if it is meant to be shared I would’ve liked to be told that because as far as I was aware we had the use of the garden if that’s changed then that’s fine but I won’t be putting any money in to doing it up or putting any furniture out there. I won’t be leaving them out there unsupervised if it is now shared.
It sounds to me like your landlord has been a bit sneaky and told you you have the run of the garden because he knew his previous tenant never used it. But he may well have told the new tenants it’s actually a shared garden. I would be very surprised if they had put furniture in it if they hadn’t been told they could use it.
I would speak to the new tenants and the landlord to find out what had been said.
the garden wasn’t shared we could have the run of it because the people upstairs didn’t use it
This is completely contradictory. Being told that you could have run of it because upstairs doesn’t use it implies that they are allowed to use the sane as you but choose not. Being told that it’s not shared implies it’s private for your flat. If your landlord genuinely said that word for word then I’m surprised you didn’t query it at the time because it makes zero sense. Definitely ask them now but I suspect you may have misunderstood, possibly because the landlord wasn’t particularly clear in the first place which who knows was maybe on purpose because a private garden makes the flat more attractive.
Best thing to do is ring your landlord direct. My daughter has a flat over a shop, the shop can only access so far into the garden, which is different to what the shop owners were telling her as they basically didn't like her having a dog. ( Dog was always tethered in the garden if my daughter wasn't with him.) The landlord was very interested in the shop owners telling her different, especially as the woman making the fuss had absolutely nothing to do with the business. Don't take the new tennants word for it x
@SoupDragon thank you 😊.
Thank you everyone I will speak to the landlord and the people upstairs and see what has been said but I agree with you @zscaler I think he has been sneaky and told us one thing and told them something else. I don’t mind sharing it if it is a shared garden but it would’ve been nice to be told that it’s now shared. I can only assume that the back gate is for the people upstairs to use the garden because we have a back door. Thank you everyone I wanted to ask on here before I spoke to anyone.
@ShyTown thank you maybe I have misunderstood because of the way it was worded I asked if it was shared and he said we had the use of the garden because the people upstairs didn’t use it and having a massive garden for the dogs was what made me take the flat and the fact we are close to family but it looks like it is a shared garden and not just for our use just wish he had said that it’s shared and at the time the people upstairs didn’t use it.
@ultrablue thank you I will definitely speak to the landlord. I’m glad your daughter was able to sort out the problem with her garden it’s cheeky of the shop owner to try and say that to her.
Thank you everyone I will be checking the tenancy and speaking to everyone to see what’s been said.
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